Transfer Tools

February 7, 2014

On Oct. 15 I used this space to talk about “Transfer Trends”; and I took that topic on the road, including it in MHSAA Update meetings throughout the state. I described an “epidemic.”

As I have said and written before (including in this space on Sept. 27, 2011), our transfer regulation is an inadequate tool for the fight ahead of us. It has failed to slow the growth of athletic-motivated transfers even after adoption of a rule for that purpose in 1997. Too few schools have wanted the hassle of alleging and documenting that a transfer was primarily for athletic reasons. In 2012, the leadership of the basketball and wrestling coaches associations, observing that current rules permitted several high-profile transfers in their sports, asked for a much tougher transfer rule – one that would subject most transfer students to a full year of ineligibility. Recognizing its legal responsibility to enforce the most narrow proscriptions possible, the Representative Council responded with more precision.

The new athletic-related transfer rule adopted last May extends the period of ineligibility from one semester to two for those students whose circumstances do not fit one of the existing 15 exceptions to the transfer regulation and where the student has engaged in certain activities during the previous 12 months that link the student to the new school’s athletic program.

If a student played high school sports during the previous 12 months and did one of the activities that linked that student to the new school athletically, the new rule doubles the period of ineligibility. If, for example, this transfer student attended an open gym at the new school, played summer or non-school sports on a team coached by one of the coaches of the sport at the new school, or received instruction in strength or conditioning from a personal trainer who coaches at the new school, then the period of ineligibility would double.

In addition to narrowly tailoring the new rule to the most obvious and egregious examples of an athletic-motivated or -related transfer, the Representative Council also provided necessary notice. The rule has not been “sprung” on students who may have done things before the rule change that would have made them ineligible. Because the rule has a 12-month run-up to consider, the Council provided almost 15 months’ notice. The rule takes full effect Aug. 1, 2014.

This is another example of defining a problem and designing the policy with precision. It’s both most educationally sound and judicially defensible.

Shared Responsibility

March 26, 2013

My counterpart in Georgia has a nice way with words, and recently used that talent to add his perspective to topics like those we’ve been addressing here in Michigan.  In the March 2013 Georgia High School Association newsletter, under the title “All of Us Must ‘Pay the Price’ for Student-Athlete Wellness,” GHSA Executive Director Ralph Swearingin writes:

“In ‘History and Philosophy of Education’ courses many of us learned that an early concept in the American educational system involved the school operating ‘in loco parentis’ – in the place of the parent.  During those early days, that concept was applied to the authority of school personnel to regulate the behavior of students.  Over time, however, the application of that concept to school discipline has diminished.

“It is interesting to note that school personnel are called upon to fulfill parental roles in ways that were not prevalent in the past.  Over time there has been an evolution of responsibilities placed on the educational system to provide services that used to be provided by the family.  One such area involves the responsibility to be the ‘health and safety guardians’ of our students.  Debates about whether it is the school’s responsibility are non-productive.  This responsibility has been thrust upon member schools and state association staff members, and it is doubtful that this trend is reversible . . .

The very nature of athletics makes it impossible to guarantee the safety of every student in every sport.  The goal is to minimize the risk to these students with prudent preparation and vigilant supervision.  While the American culture may be thrusting this responsibility on the school personnel, there are productive ways to send some of that responsibility back to the students and their families.

“. . . Students and their families need to be informed about all of these issues.  Preseason meetings with players and parents or guardians should involve the dissemination of information about relevant health and safety considerations . . .

“But education of players and their families is not enough.  Coaches must be certain to teach techniques that minimize risks, and to be certain that all equipment used in the sport are in good repair and are being used properly.  School personnel need to be certain that published guidelines and protocols are being followed.  Doing these things involves the expenditure of time and money, but the well-being of our students dictates that we ‘pay the price.’ ”